bail

asher mohan (Querist) 26 May 2010 This query is : Resolved
hi friends gd evening,
whether the 52A r/w 68A of copy right act is bailable or nonbailable. Is there any citations to move the bail as bailable sec.?

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Arvind Singh Chauhan (Expert) 26 May 2010
Please find the attachment and apply according to your need.

H. S. Thukral (Expert) 01 June 2010
Punishment in the offence can be up to three years. In the decisions of the courts, the punishment up to three years includes a term of three years and therefore as per Cr.PC the offence becomes non-bailable. However considering the amended provisions in Cyber Laws ( Information technology act) the offence with punishment up to three years have been made bailable. Therefore you can apply for the bail citing aforesaid provisions of Cyber Laws.

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